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Crossing Borders: International Arbitration in 2018 - Adapting to Global Challenges and Opportunities

Welcome to the ninth edition of Crossing Borders, a periodic review of developments in international arbitration across the world.

In this edition, we celebrate the upcoming International Council for Commercial Arbitration (ICCA) Congress in Sydney and its theme “Evolution and Adaption: The Future of International Arbitration”. Inspired by ICCA, we explore how international arbitration has adapted and will continue to adapt to global challenges and opportunities. We look at recent developments in China and how these developments may impact China’s role in the resolution of disputes involving Chinese parties, particularly those going out pursuant to the Belt and Road Initiative (BRI). We discuss the increasing trend of Chinese parties as claimants and the potential legal, practical and cultural impact on international arbitration and cross-border dispute resolution. We review recent decisions on costs and institutional approaches to transparency and anticipate trends in international commercial and investor-state arbitrations in 2018.

From a national perspective, we look at how courts in Spain have dealt with arbitrator misconduct and how countries such as Japan continue to evolve to promote international arbitration and mediation as alternative forums for resolving disputes. We also discuss BRI developments and provide practical insight for Chinese investors interested in understanding the importance of structuring their BRI investments to benefit from investment treaty and other protections.

Our Global International Arbitration Team continues to work together and achieve great results for our clients. We are pleased to share with you some of the recent successes of our teams in Australia, Europe, Hong Kong SAR, Japan, Mainland China and the Middle East.

If you would like to discuss any issues in particular regions, or delve deeper on topics covered in this issue, please do not hesitate to contact any one of our International Arbitration partners across our global network.

The growth in cross-border commercial and investment activity in the Asia Pacific, particularly with the rising economy of the People’s Republic of China (PRC), has resulted in a corresponding growth...